No: 01−15−00393−CR

In t he 

# Court of Appeals

FIRST DISTRICT OF TEXAS

Houston , Texas

__________________________________________________________________

C HRISTOPHER E RNEST B RAUGHTON Appellant,

v.

T HE S TATE OF T EXAS Appellee

.

__________________________________________________________________ Appealed from the 228 th Judicial District Court of Harris County, Texa s, the Honorable Marc Carter , Presiding

__________________________________________________________________

MOTION TO EXTEND TIME TO FILE BRIEF BY TEN DAYS

__________________________________________________________________ Niles Illich S BOT: 24069969 Law Office of Niles Illich, Ph.D., J.D. 7 01 C ommerce Street Suite 400 Dallas, Texas 75202 T elephone: (972) 802 − 1788 Facsimile: (972) 682
– 7586 Email: Niles@appealstx.com

ATTORNEY FOR APPELLANT CHRISTOPHER ERNEST BRAUGHTON ACCEPTED 01-15-00393-CR FIRST COURT OF APPEALS

HOUSTON, TEXAS 9/21/2015 3:30:36 PM CHRISTOPHER PRINE

CLERK2 To the Honorable Justices of the First Court of Appeals :

Appellant, Christopher Ernest Braughton files this, his Motion to Extend Time

to File Brief by Ten Days

.
Christopher Braughton asks this Court to grant his attorney ten additional days

to file Appellant’s brief, making it due on Sunday, October 4, 2015.

Motion to Extend Time to File Brief

Braughton requests that his attorn ey receive an additional ten days in which

to file his brief , making it due on Sunday, October 4, 2015

.

Introduction

1. Appellant is Christopher Braughton and the Appellee is the State o f Texas.

This appeal concerns an appeal of a conviction for murder.

2. Appellant was tri ed in 228th Judicial District Court of Harris County, Texas.

Argument and Authorities

3

. There is no specified deadline to file a motion to extend time to file an

appellant’s brief. 1

4

. Appellant’s b rief is due on Thursday, September 24, 2015

.

5. Braughton, under his previous attorney, received one previous extension of

time.

1 T EX

. R. A PP

. P. 38.6(d).3 6

. Counsel asks for this extension of time because he is completing a brief in

cause number 09−15−00159−CR which is due on September 23, 2015. This brief

concerns a combat veteran who was injured in Afghanistan but who has been

convicted of several criminal offenses since being discharged from the Army. This

brief included a lengthy motion for ne w trial and argues that the trial counsel was

constitutionally ineffective. Additionally, counsel filed two briefs on September 15,

2015 (cause numbers 05

- 15

- 00886

- CV and 05

- 14

- 01606

- CR) and on that same day

participated in an oral argument as the Appe lle e/Cross

- Appellant in a seven

- issue

brief in cause number 05

- 14

- 00810

- CV.

7. Braughton’s brief is nearly complete and contains three issues. Counsel asks

for ten additional days so that the issues may be refined and so that the cases and

record citations c an be verified. No additional requests for time will be made.

Prayer and Conclusion

8

. Braughton requests that this Court grant his counsel an additional ten days in

which to file his brief. This extension will make the brief due on Sunday, October

4, 20 15 . There is no reason to believe that further extensions will be requested.4 Respectfully Submitted,

/s/ Niles Illich Niles Illich The Law Office of Niles Illich, Ph.D., J.D. 701 Commerce Street Suite 400 Dallas, Texas 75202

- 4518 Direct: (972) 802

- 1788 Fax: (972) 236

- 0088 Email: Niles@appealstx.com

CERTIFICATE OF CONFERENCE

On September 21, 2015 Niles Illich spoke with Eric Kugler of the Appellate Division of the Harris County District Attorney’s Office concern ing this Motion. Mr. Kugler stated that he is unopposed to this Motion.

/s/ Niles Illich Niles Illich5 CERTIFICATE OF SERVICE

This is to certify that

, on September 21 , 2015

, a true and correct copy of this

Motion to Substitute Counsel has been served on:

VIA ELECTRONIC SERVICE Harris County District Attorney’s Office Alan Curry 1201 Franklin Street Suite 600 Houston, Texas 77002

- 1923 Electronic Mail : Alan.Curry@dao.hctx.net

VIA FIRST CLASS POST Christopher Ernest Braughton Texas Department of Criminal Justice Holliday Unit 295 I.H. 45 North Huntsville, TX 77320

- 8443 TDCJ No.: 01982320

/s/ Niles Illich Niles Illich